Neutral Citation No. - 2025:AHC:136387 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42659 of 2023 Applicant :- Kundan Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Sawhney Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. This is the second bail application moved on behalf of the applicant for enlarging him on bail in Case Crime No. 388 of 2022 under Sections 498A, 304-B, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, registered at P.S. Ecotech-III, District Gautambudh Nagar. The first Criminal Misc. Bail Application No. 53935 of 2022 has been rejected by this Court vide order dated 19.07.2023. 2. Heard learned counsel for the applicant, learned counsel for the State and perused the material on record. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is the husband of the deceased. The applicant never demanded dowry or did he torture the deceased. The applicant is bereaved by the death of his wife and prays for peace of the departed soul. However, for the purpose of the bail application, it is submitted that by the efflux of time, the trial began and that the statement of material witnesses have already been examined by the trial Court, now there is no occasion for the applicant to tamper with any witness or to flee from judicial process. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 17.09.2022 having no criminal history. 4. Per contra, learned AGA opposed the prayer for bail. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 6. Let the applicant Kundan Pandey be released on bail in Case Crime No. 388 of 2022 under Sections 498A, 304B, 506 I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Ectotech-III, District Gautambudh Nagar, on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 12.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad